The Study On Perfecting Civil Case-filling System

The civil case-filling system is a key by which the parities can open the litigation's door, thus the parities can bring the disputes into the judicial process. It is a procedural assurance on the performance of parties'litigious right which concerns to the realization of the parties'substantive rights. Therefore, through studying on the civil case-filling system, we shall find out the existing problems. Then we can improve our civil case-filling system through analyzing these problems from legal theory prospective, absorbing advanced concept and system abroad, and combining our specific conditions, which is very meaningful to resolve the problem of "difficult prosecution", to ensure the realization of parties'litigious right, to make citizens close to fairness and justice because of solving the disputes through judicial process.The system design needs theory to guide. So clarifying the relationship of litigious right and the right to file-and-check is the key of studying the system of civil case-filling system. The litigious right is a basic civil right and a procedural right, and the right to file-and-check is an authority of the court which is established for protecting the parties'litigious right and bringing the disputes into judicial process. The litigious right is the base of the right to file-and-check, and the right to file-and-check protects and restricts the litigious right.The civil case-filling system has many problems, including the narrow scope of civil case acceptance; the higher requirements of action which confused requirements of action and requirements of litigation; the parties take part in the process hardly; legislative regulation is too ambiguous to perform.It is most important way by using foreign experience for reference to improve legal system. The advanced theory and system of foreing contrys inluding the pattern of adversary system which pays attention on litigious right'prospection; the parties start the litigation by registration of accreditation; the scope of litigation is very abroad has bring some proposals for perfecting our civil case-filling system, which includes:The litigious right will be regulated in Constitution as basic rights, for the purpose of protecting of litigious right. Reforming the requirements of civil litigation through distinguishing the requirements of action and requirements of litigation to clear reasonable requirements of action, meanwhile abolishing the regulation that evidence is used as requirement of action. Reforming system of file and check through defining the contents to check and limit the judge's authority, and changing the substantial review into formal examination. Widening the scope of acceptance of civil case, for the constitutional rights and those rights which are not claimed by substantial law will be solved by civil judicial process. And we shall make rules for preventing the parties'malicious action, including system of sharing the litigation cost, system of compensation for damage and system of fine.